Committee Report

Report text available as:

113th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 113-366
======================================================================
SLEEPING BEAR DUNES NATIONAL LAKESHORE CONSERVATION AND RECREATION ACT
_______
February 28, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 163]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 163) to designate as wilderness certain land and
inland water within the Sleeping Bear Dunes National Lakeshore
in the State of Michigan, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sleeping Bear Dunes National Lakeshore
Conservation and Recreation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map consisting of 6
sheets entitled ``Sleeping Bear Dunes National Lakeshore
Proposed Wilderness Boundary'', numbered 634/80,083B, and dated
November 2010.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. SLEEPING BEAR DUNES WILDERNESS.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), certain land and inland water within the Sleeping Bear
Dunes National Lakeshore comprising approximately 32,557 acres along
the mainland shore of Lake Michigan and on certain nearby islands in
Benzie and Leelanau Counties, Michigan, as generally depicted on the
map, is designated as wilderness and as a component of the National
Wilderness Preservation System, to be known as the ``Sleeping Bear
Dunes Wilderness''.
(b) Map.--
(1) Availability.--The map shall be on file and available for
public inspection in appropriate offices of the National Park
Service.
(2) Corrections.--The Secretary may correct any clerical or
typographical errors in the map.
(3) Legal description.--As soon as practicable after the date
of enactment of this Act, the Secretary shall prepare a legal
description of the wilderness boundary and submit a copy of the
map and legal description to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives.
(c) Road Setbacks.--The wilderness boundary shall be--
(1) 100 feet from the centerline of adjacent county roads;
and
(2) 300 feet from the centerline of adjacent State highways.
SEC. 4. ADMINISTRATION.
(a) In General.--Subject to valid existing rights, the wilderness
area designated by section 3(a) shall be administered by the Secretary
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except
that--
(1) any reference in the Wilderness Act to the effective date
of that Act shall be considered to be a reference to the date
of enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(b) Maintenance of Roads Outside Wilderness Boundary.--Nothing in
this Act prevents the maintenance and improvement of roads that are
located outside the boundary of the wilderness area designated by
section 3(a).
(c) Fish and Wildlife.--Nothing in this Act affects the jurisdiction
of the State of Michigan with respect to the management of fish and
wildlife, including hunting and fishing within the national lakeshore
in accordance with section 5 of Public Law 91-479 (16 U.S.C. 460x-4).
(d) Buffer Zones.--
(1) In general.--Nothing in this section creates a protective
perimeter or buffer zone around any area designated as
wilderness by subsection (a).
(2) Activities outside wilderness.--The fact that an activity
or use on land outside any area designated as wilderness by
subsection (a) can be seen or heard within the wilderness shall
not preclude the activity or use outside the boundary of the
wilderness.
(e) Military Overflights.--Nothing in this section restricts or
precludes--
(1) low-level overflights of military aircraft over an area
designated as wilderness by subsection (a), including military
overflights that can be seen or heard within any wilderness
area;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes over the wilderness area.
(f) Savings Provisions.--Nothing in this Act modifies, alters, or
affects--
(1) any treaty rights; or
(2) any valid private property rights in existence on the day
before the date of enactment of this Act.
PURPOSE OF THE BILL
The purpose of H.R. 163 is to designate as wilderness
certain land and inland water within the Sleeping Bear Dunes
National Lakeshore, a unit of the National Park System, in the
State of Michigan.
BACKGROUND AND NEED FOR LEGISLATION
Sleeping Bear Dunes National Lakeshore was established on
October 21, 1970, in order ``. . . that certain outstanding
natural features including forests, beaches, dune formations,
and ancient (glacial) phenomena . . . be preserved in their
natural setting . . . for the benefit, inspiration, education,
recreation, and enjoyment of the public.'' The Lakeshore
extends nearly 30 miles along the eastern shore of Lake
Michigan and includes two large islands with an additional 35
miles of shoreline. The lakeshore encompasses 71,291 acres with
30,000 acres currently managed as wilderness.
In 1981 the Department of the Interior published a General
Management Plan (GMP) that would greatly hinder public
recreational access to the lake shoreline and prevent
maintenance of popular trails, roads and historic sites through
wilderness restrictions. In 2002, when the GMP was about to go
into effect, a local citizens group was formed to block
implementation. After years of negotiations, a revised GMP was
issued in 2009. It re-aligned the wilderness boundaries to
allow motor boat access, maintenance of trails and historic
sites and permits hunting under state regulation.
H.R. 163 codifies these negotiated changes to protect
public access. Under the bill, the wilderness area does not
include any existing county roads or areas managed primarily
for historic resources. This is to ensure the continued
availability of the county roads for visitors accessing remote
trailheads, beaches, backcountry areas and historic areas.
Although the lakeshore's boundary extends one-quarter mile out
into Lake Michigan, none of the waters of Lake Michigan are
proposed as wilderness. This ensures continued access by motor
boaters to the shoreline beach adjacent to the wilderness area.
COMMITTEE ACTION
H.R. 163 was introduced on January 4, 2013, by Congressman
Dan Benishek (R-MI). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Public Lands and Environmental Regulation. On July 23, 2013,
the Subcommittee on Public Lands and Environmental Regulation
held a hearing on the bill. On January 28, 2014, the Natural
Resources Committee met to consider the bill. The Subcommittee
on Public Lands and Environmental Regulation was discharged by
unanimous consent. Congressman Doc Hastings (R-WA) offered an
amendment designated #1 to the bill; the amendment was adopted
by voice vote. The bill as amended was then adopted and ordered
favorably reported to the House of Representatives by voice
vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 163--Sleeping Bear Dunes National Lakeshore Conservation and
Recreation Act
H.R. 163 would designate as wilderness about 32,500 acres
of the Sleeping Bear Dunes National Lakeshore in the state of
Michigan. The newly designated lands and inland waterways would
comprise the Sleeping Bear Dunes Wilderness, a new component of
the National Wilderness Preservation System.
Based on information from the National Park Service, CBO
estimates that the bill would have no significant impact on the
federal budget. More than 30,000 of the affected acres have
been managed as wilderness since 1981, and CBO estimates that
the potential impact of the designation on public use would be
minor. Enacting H.R. 163 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 163 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On March 25, 2013, CBO transmitted a cost estimate for S.
23, the Sleeping Bear Dunes National Lakeshore Conservation and
Recreation Act, as ordered reported by the Senate Committee on
Energy and Natural Resources on March 14, 2013. The two pieces
of legislation are similar, and the CBO cost estimates are the
same.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. Based on
information from the National Park Service, CBO estimates that
the bill would have no significant impact on the federal
budget. Enacting H.R. 163 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures to not apply.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to designate as wilderness certain
land and inland water within the Sleeping Bear Dunes National
Lakeshore in the State of Michigan.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.